Read the full judgment text of FCMC 4627/2021 on BabelCite. This Family Court judgment was delivered on 16 November 2021 before District Judge S. Lo.
Matrimonial Causes – Maintenance Pending Suit – Legal Costs Provision – Ability to Pay – Reasonable Needs – Currey Test – Interim Order – District Court. The Court considered an application by the Petitioner for maintenance pending suit and legal costs provision against the Respondent. The Court assessed the Husband's ability to pay, rejecting his claim of low income due to health and finding he had undisclosed assets and suspicious transfers. The Court determined the reasonable needs of the Wife and Children to be HK$86,500 a month, resulting in a net maintenance order of HK$77,500. Regarding legal costs, the Court held the Currey test was not strictly binding and ordered a contribution of HK$60,000 a month to achieve equality of arms. The Court refused to backdate the orders to the date of the divorce petition. Orders: Interim Order discharged; Husband to pay maintenance and legal costs; costs of summons reserved.
Legal issues: Husband's ability to pay · Reasonable needs of the Wife and the Children · Legal costs provision · Backdating of orders
Outcome: Interim Order discharged; Husband ordered to pay maintenance and legal costs; costs of summons reserved.
Cited by 1 case · Cites 1 case